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p. 6 of 14 BACK | NEXT Opening Remarks by Mr. Barry Metzger Presentation of Prof. Mochtar Kusuma-Atmadja Harmonization of Laws in the Region An Approach to Regional Harmonization Convention on the International Sale of Goods Roles of Government, legal Education and Practicing Lawyers Arbitration in the 1990s: Developments in East Asia Regional Cooperation between National Regulators Commentary by Mr. Michael Ryland Commentary by Dr. Sukjo Kim Discussion

Seminar on Legal Aspects of Regional Cooperation : Presentation of Prof. Mochtar Kusuma-Atmadja : Harmonization of Laws in the Region

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Roles of Government, Legal Education and Practicing Lawyers

In newly industrialized countries dependent on trade and export for their growth, governments increasingly recognize that improving their legal infrastructure is of equal importance to improvements in the countries' physical or administrative infrastructure. They may become more supportive of efforts to harmonize international trade laws if important segments of the legal community are actively engaged in it. In an international trade-oriented city state like Singapore, this should not be difficult to organize. It may have already been done.

In making my suggestions, I may have been influenced by the fact that I am at present Chairman of the Consortium of Law Schools in Indonesia which is a Standing Committee of a Conference of Law Schools Deans, with an advisory capacity to the government.

Having made a suggestion of harmonization of laws as a way of preventing disputes, another more direct way of familiarization of UNCITRAL international trade law conventions, draft conventions, model laws, etc. is through meetings of the legal profession specializing in international trade matters.

As practicing lawyers, they are well placed to appreciate what would be appropriate, depending on whether or not the country in question has ratified the relevant convention or not. The difference with harmonization efforts through the law school curriculum and seminars or conferences involving law teachers and students is that involving law practitioners gives more immediate results, whereas to conduct the process through legal education is an investment in the future. It would be ideal if both could be done. One could seek then the short- term and long-term benefits of harmonization.

There is another way in which the legal profession can assist in efforts at harmonization. Law practitioners familiar with UNCITRAL and its "products" can indeed be viewed as "harmonizers of international trade law" at the stage of dispute and conflict prevention even in the absence of binding national laws dealing with the matter in question.

From a business point of view, consulting a good law firm in the intricacies of international trade law is something which of course is a good thing to do. It may obviate the need to go to arbitration later. It is a clear benefit for the cost-conscious businessman or corporation. This last suggestion will, I hope, meet with the approval of members of the legal profession present here.

If all the methods outlined above to harmonize international trade laws are carried out, they will reinforce each other and the resultant cumulative effect will no doubt benefit trade, business and investment in the Asia-Pacific Region.

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